[2015] KEELRC 1426 (KLR)
The court found that the claim was filed outside the statutory limitation period as prescribed by the Employment Act, Limitation of Actions Act, and Public Authorities Limitation Act. The court held that it has no discretion to extend the limitation period in such cases, and even if such discretion existed, the...
Source-derived case information.
- Citation
- [2015] KEELRC 1426 (KLR)
- Parties
- Claimant: Taura Mwagogo Anderson; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 227 of 2015
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- claim struck out as statute-barred
- Legal Topics
- Limitation Periods, Summary Dismissal, Statutory Bar, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Taura Mwagogo Anderson
Claimant
Teachers Service Commission
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim was filed within the statutory limitation period under the Employment Act, Limitation of Actions Act, and Public Authorities Limitation Act.
- 2 Whether the court has discretion to extend time for filing the claim after the limitation period has lapsed.
Ratio Decidendi
The court found that the claim was filed outside the statutory limitation period as prescribed by the Employment Act, Limitation of Actions Act, and Public Authorities Limitation Act. The court held that it has no discretion to extend the limitation period in such cases, and even if such discretion existed, the claimant had not sought an extension. The absence of the claimant at the hearing and failure to respond to the preliminary objection further supported the respondent's position. Consequently, the claim was struck out as statute-barred.
Court Disposition
claim struck out as statute-barred
Orders
- The claim is hereby struck out, with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 227 OF 2014
BETWEEN
TAURA MWAGOGO ANDERSON ......................................................................... CLAIMANT
VERSUS
THE TEACHERS SERVICE COMMISSION ............................................................. RESPONDENT
Rika J
Court Assistant – Benjamin Kombe
No appearance for Claimant
Ms. Kaluai Advocate instructed by Faith K. Kaluai Advocate for the Respondent
RULING
The Claimant filed his Claim on 8th May 2014. His Statement of Claim reveals he was summarily dismissed on 6th December 2007.
It is clear to this Court the Claim was filed out of time. It offends Section 90 of the Employment Act 2007. It offends Section 4 of the Limitation of Actions Act, and Section 3 of the Public Authorities Limitation Act.
The Court agrees entirely with the Respondent that the Claim is statute-barred. There is no discretion in extending time, and even if it was there, the Claimant has not moved the Court for such extension.
The Authorities cited by Ms. Kaluai are persuasive and binding, and wholly endorsed in this Ruling.
Lastly, the Claimant has not attended Court, to respond to the Preliminary Objection, in spite of having had adequate notice of today's hearing date.
IT IS ORDERED:-
(1) The Claim is hereby struck out, with costs to the Respondent.
Dated and Delivered at Mombasa this 24th day of February 2015.
James Rika
Judge